Research On Application Of The Theory Of Illegal Inheritance Of Administrative Acts

In multi-link administrative actions,in order to achieve the same legal effect,whether the legality review of the previous actions in the subsequent act can be revoked when the previous act is not in dispute,this is the issue of illegal inheritance which has attracted much attention in the administrative law circle.At present,Chinese law has not yet clearly stipulated this issue.Under different adjudication positions,the results of judicial judgments in practice are different,behind which are different views and conflicting value choices on the theory of illegal inheritance,and this is worthy of in-depth analysis and discussion.Furthermore,whether China is suitable for introducing an illegal inheritance system,or how to determine its scope of application and judging standards,and how to determine the degree of illegality after the introduction of the system,these series of issues need to be clarified.In response to the above problems,first of all,starting from the connotation of multi-stage administrative actions,the evolution of the theory of illegal inheritance of administrative actions in Japan is discussed,and the meaning and development of the illegal inheritance of administrative actions are summarized.Secondly,the current legislative status of the illegal inheritance of administrative acts is combed,and the value choices behind different adjudication attitudes by analyzing Chinas judicial trial cases are pointed out.Then,the problems in the application process of the illegal inheritance theory of administrative acts in both legislative and judicial aspects are summarized,mainly including in the legislative aspect,the interruption of the scope of administrative litigation and the blocking of the administrative litigation statute of limitations,and in the judicial aspect,the inconsistent review method,inconsistent review intensity,unclear review standards,and different review results.Finally,the countermeasures for applying the theory of illegal inheritance of administrative acts are proposed,and it is pointed out that in legislation,it is necessary to expand the scope of administrative litigation to protect the rights and interests that exceed the statute of limitations in a case,and in judiciary,it is necessary to standardize the comprehensive review method,clarify the substantive review intensity,and establish the review standards and unify review results.